If my tenant is 2 days late with their rent and has offered to make a partial payment, what are my rights/responsibilities?

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If my tenant is 2 days late with their rent and has offered to make a partial payment, what are my rights/responsibilities?

I own a rental property. My tenant is 2 days late with their rent and has offered to make a partial payment. I am pretty clear on my right/responsibilities if rent is not paid at all but I am less certain how to handle partial payments. I plan to begin the eviction process through our local court if the full amount of the rent remains unpaid. However, I am not sure how to proceed if they offer a partial payment. Am I required to accept it? Can I still file eviction papers with the court until the full balance is paid?

Asked on September 6, 2012 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you can accept the partial payment, then file for eviction, since the tenant's obligation is to pay the rent in full, when due. The eviction will be based on the unpaid balance of the rent, and if the tenant can come through with that amount, you will not be able to evict him or her.


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